Ordinarily, a creditor that has a "provable
debt" will proceed against a debtor who has been made
bankrupt via the proof of debt process in the bankrupt estate.
However, in certain circumstances, leave may be granted to a
creditor to commence proceedings against the bankrupt debtor
pursuant to section 58(3) of the Bankruptcy Act 1966 (Cth)
(BA).
In Mableson v Tarbotton, in the matter of the bankrupt
estate of Tarbotton [2022] FCA 1433, the Liquidator of ACN 050
019 960 Pty Ltd (in liq) (Company), successfully
applied for leave to commence proceedings against the directors of
the Company, Mr Tarbotton and Mr Vieceli, who had each become
bankrupt, for breach of insolvent trading laws under section s588G
of the Corporations Act 2001 (Cth) (CA)
and for relief under section 588M(2) CA,1 as
against:
